Epstein Secrets

ll and fair review of the facts here is critical to this analysis. Yet, it is clear that CEOS did not conduct such a review. In his recent letter to Jay Leflcowitz, First Assistant United States Attorney ("FAUSA") confirmed our understanding that the USAO was to have "facilitated" an "independent de novo revi

eventually conceded that only "1 is definitely under 18 still, and I think there is another minor." See Tab 25, September 23, 2007 Email from,. to J. Lefkowitz (emphasis added). 19. The next day, retreated from the number "40," stating that she had now "compiled a list of 34 confirmed minor victbns with

nt can be found guilty of that offense only if...the defendant believed that such individual was less than (18) years of age..."); United States v. Murrell, 368 F.3d 1283, 1286 (I I1° Cir. 2004) (§ 2422(b) requires that the defendant knowingly target a minor). Importantly, then, all the elements must be

der to sustain a conviction. In particular, § 2422(b) requires that the defendant specifically intended to target a minor. ke,ligh, United States v. Murrell, 368 F.3d 1286 (11th Cir. 2004) ("[T]o prove an attempt the government must first prove that [defendant], using the Internet, acted with a specific

it utterly fails to demonStrate 1 t t • Government theory supports what at its essence is a federalization of underage prostitution {see letter to Lelkowitz of December 13. 2007 al lig 4, per I). This is compellingly sx) kir several reasons: • Absent testimony, the evidence does not exclude the possibi

stal Service. Thank you. EFTA01718527 • U.S. Departinent of Justice United States Attorney Southern District of Florida DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Miami, FL 33132-2111 Facsimile: December 6, 2007 I wr

U.S. Department of Justice United States Attorney Southern District of Florida FACSIMILE TRANSMISSION COVER SHEET DATE: December 6, 2007 TO: Jay Leflcowitz, Esquire FAX NUMBER: SUBJECT: Epstein NUMBER OF PAGES, INCLUDING THIS PAGE: 9 @001. EFTA01718526 U.S. Department of Justice United States At

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cu. 2004). See also United States v. Bailey 228 F.3d 637, 639 (61° Cir. 2000) ("Congress has made a clear choice to crimi

d by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein." See Tab 26, September 24, 2007 Email from M. to J. Lefkowitz (emphasis added). This statement indicated that, at least the "six others" (and, as it turns out, all those identified except two) had reached the a

05 Wd z[:60 nu L00E-T I -Ain EFTA00209884 Ann Marie C. (USAFLS) From: , Ann Marie C. (USAFLS) Sent: ues ay, September 18, 2007 9:13 AM To: 'Jay Lefkowitz' Subject: RE: Draft Agreements? Ili Jay - I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppo

statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(6) 'requires the specific intent to commit illegal sexual acts

tion of Resolution of Epstein Investigation; Jay Lefkowitz's letter to R. Alexander Acosta dated October 10

e counsel: the Agreement and the addendum thereto; the USAO's letter of Crime Victims' Rights —Notification of Resolution of Epstein Investigation; Jay Lefkowitz's letter to R. Alexander Acosta dated October 10, 2007; Jay Lefkowitz's letter to R. Alexander Acosta dated October 23, 2007; R. Alexander Acosta's l

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States v. Bailey 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crim

tion of Resolution of Epstein Investigation; Jay Lefkowitz's letter to R. Alexander Acosta dated October 10

e counsel: the Agreement and the addendum thereto; the USAO's letter of Crime Victims' Rights —Notification of Resolution of Epstein Investigation; Jay Lefkowitz's letter to R. Alexander Acosta dated October 10, 2007; Jay Lefkowitz's letter to R. Alcor Acosta dated October 23, 2007; R. Alexander Acosta's lett

(e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States Bailey, 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crimi

f Justice Washington, D.C. 20530 June 23, 2008 Jay Lefkowitz„ Esq. Kenneth Starr, Esq. Kirkland and Ellis LL

stice Washington, D.C. 20530 June 23, 2008 Jay Lefkowitz„ Esq. Kenneth Starr, Esq. Kirkland and Ellis LL

facility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per

zgaiirkiend.coi cc Subject RE: Meeting A. Marie Villcialla Assistant U.S. Attorney — Ori From: \(USAFLS\)" Sent: 09/19/2007 11:51 AM AST To: Jay Leflcowitz Subject: Meeting Barry is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signe

ey Epstein - con I ential (USAFLS) Dear Mr. Jay Lefkowitz [[email protected]] (USAFLS) I write to

61 (11th Cir. 1949); United States Rojas, 145 Fed. Appx. 647 (11th Cir. 05); United States I Root, 296 F.3d 1222 (11'h Cir. 200 ). United States I Murrell, 368 F.3d 1283 (11th Cir. 2004), is in the same mold, except that, in that tiling operation, the defendant communicated, not with the purported 13 y

MI and fair review of the facts here is critical to this analysis. Yet, it is clear that CEOS did not conduct such a review. In his recent letter to Jay Lelkowitz, First Assistant United States Attorney ("FAUSA") confirmed our understanding that the USAO was to have "facilitated" an "independent de novo revi

rder to sustain a conviction. In particular, § 2422(b) requires that the defendant specifically intended to target a minor. age, a, United States v. Murrell, 368 F.3d 1286 (11th Cir. 2004) ("[T]o prove an attempt the government must first prove that [defendant], using the intemet, acted with a specific

ce, a conviction under the statute only requires a finding that the defendant had an intent to persuade or to attempt to persuade.’ United States v. Murrell 368 F.3d 1283, 1287 (11th Cir. 2004) (citing United States v. Bailey, 228 F.3d 637, 638-39 (6th Cir.2000)). Thus, the targeted criminal conduct must

e statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(b) ‘requires the specific intent to commit illegal sexual acts r

See Tab 37, February 27, 2008 Email from J. Sloman. Again, that claim was utterly false; Mr. Thomas’s contemporaneous hand-written notes, reviewed by Jay Lefkowitz, confirm that the USAO had violated settled Department policy and ethical rules by providing case-specific information about the Department’s legal t

MI and fair review of the facts here is critical to this analysis. Yet, it is clear that CEOS did not conduct such a review. In his recent letter to Jay Lelkowitz, First Assistant United States Attorney ("FAUSA") confirmed our understanding that the USAO was to have "facilitated" an "independent de novo revi

rder to sustain a conviction. In particular, § 2422(b) requires that the defendant specifically intended to target a minor. age, a, United States v. Murrell, 368 F.3d 1286 (11th Cir. 2004) ("[T]o prove an attempt the government must first prove that [defendant], using the intemet, acted with a specific